Pennsylvania Record

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New Jersey man sues prosthetic limb manufacturer

By Jon Campisi | May 16, 2011

A New Jersey man is suing the manufacturer of his prosthetic limb for injuries he sustained after falling to the ground when his prosthesis malfunctioned.

Attorney Gustine J. Pelagatti Sr. of the firm Gustine Pelagatti & Associates filed a product liability lawsuit May 11 at the Philadelphia Court of Common Pleas on behalf of Alton Foss Jr., a disabled veteran who had lost his leg while serving in the U.S. military.

The lawsuit claims that defendant Orthologix LLC, manufacturer of the prosthesis, was negligent in allowing a defective product to be worn by the plaintiff.

In the complaint, it is alleged that Foss fell on his left shoulder while walking in his kitchen on Jan. 15, 2011, an incident that the plaintiff attributes to a defective screw holding the prosthetic limb together.

The fall left Foss with a fracture of the left proximal humeral head and a left shoulder dislocation, the suit claims.

The lawsuit contains counts of product liability, negligence, breach of implied warranty of merchantability and breach of express warranty.

Foss claims he has suffered serious and permanent injuries, including loss of the use of his left arm, as well as permanent range and motion limitations of his left arm.

The suit says Foss will continue to require medical attention for which he anticipates expending large sums of money.

For each of the four counts listed in the lawsuit, Foss is seeking judgments in an amount in excess of $50,000 plus attorney’s fees.

The non-jury matter awaits case management listing.

The case number is 110501305.

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